Carlisle v. Barker
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. H. Austill. This bill was filed by appellants, the devisees of one A. B..' McGuire, deceased, to enforce vendors’ lien upon lands pur•chased by appellee, Barker, for balance due, under the following circumstances: McGuire and wife sold a tract of land to Barker, and Barker executed his promissory note for part ■of the purchase money, said sale being made in August, 1867. The bill alleges that said vendors had…
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Appeal from the Chancery Court of Pike. Heard before the Hon. H. Austill. This bill was filed by appellants, the devisees of one A. B..' McGuire, deceased, to enforce vendors’ lien upon lands pur•chased by appellee, Barker, for balance due, under the following circumstances: McGuire and wife sold a tract of land to Barker, and Barker executed his promissory note for part ■of the purchase money, said sale being made in August, 1867. The bill alleges that said vendors had represented to Barker that the road in front of his house was the boundary line for some distance to the land sold him; that…
1Opinion of the CourtBrickell, C. J.
It is apparent that in the settlement the bill impeaches, each party had equal knowledge in reference to the only disputed fact, and equal opportunities for' ascertaining their respective rights. ■ They were endeavoring in a liberal and just spirit, fairly to adjust their respective claims. "Whether Barker obtained by the settlement any concession to which.he was not entitled, depends materially upon the fact, as yet unascertained, the true boundary line of the land he had purchased of McGuire and wife. If he obtained more than he was in strict right entitled to, it was accorded to him freely…
2Cited by4 opinions
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- Porter v. CollinsSupreme Court of Alabama · 1890
- Western Grain Company CasesSupreme Court of Alabama · 1955